In Dellenbaugh v. Medical Professional Liability Catastrophe Loss Fund, 562 Pa. 558, 756 A.2d 1172 (2002), the Supreme Court determined the Court erred in holding the Fund liable where the doctor did not pay the required surcharges. "To conclude that a provider can ignore the requirements of the Malpractice Act, yet reap the benefits thereof, is untenable. Further, when an insured is not covered for a loss, it is inconceivable that the claimant is nevertheless entitled to be paid by the Insurer for that loss. The court below, by holding the Fund liable for such a loss, plainly erred." 562 Pa. at 563, 756 A.2d at 1175.